workman. But when any person raised a contention that his status has been changed from apprentice to a workman, he must plead and prove ... conduct of the parties, such a change has been brought about, an apprentice cannot be held to be a workman. Reliance was made to paragraph
case any person raises a contention that his status
has been changed from apprentice to a workman, he must
plead and prove the requisite facts ... conduct of the parties, such a change has
been brought about, an apprentice cannot be held to be
workman.
The Supreme Court in Ganga Kisan
specific question was
asked to respondent workman, whether respondent workman wants to
examine three ladies apprentices as a defence witness in departmental
inquiry ... departmental inquiry by workman and workman has
made clear that he does not want to examine three ladies apprentices
as a defence witness
compensation on the ground that
the deceased was merely an apprentice and not a workman fails and
does not deserve to be entertained. Hence ... Apprentices Act, 1961;
(d)
for clause (n), substitute-
(n) workman
means any persons who is engaged as an apprentice as defined in the
Apprentice
apprentice. After issuing
the appointment order as an apprentice, the
contract of apprentice was sent to the
Apprentices adviser. S.3 of the Apprentices ... Apprentices Act states that :
"every apprentice undergoing apprenticeship
training in a designated trade in an
establishment shall be a trainee and not a worker
workman with not less than one year of continuous service except for a reasonable cause and without giving such workman atleast one month ... necessary in the case of badli and apprentices.
(3) No order of termination of service of a workman shall be made unless the workman
employment or discharge of such workman for a period which does not exceed three months and during which period a substitute has been employed ... right of the employer.
(3)An apprentice or a badli worker could not be included in the "workman" referred
Sri Veereswara Spinning Mills (P) Ltd vs State Of Tamil Nadu on 19 July, 2010
workman doing manual or technical work classify workmen as
permanent workman, probationers, Badlies or substitutes,
temporary workman, casual workman and apprentices in its
clause ... This classification, therefore, does not include a daily
wager. The permanent workman has been defined to mean a
workman who has been employed on permanent
employee of a prison; or
(iii) who is employed mainly in a managerial or
administrative capacity; or
(iv) who, being employed in a supervisory capacity ... A 'Note' to a Rule has no binding effect. It indeed has a
persuasive force (See Mary Oommen Vs. The Manager
